Section 121 · Judges and Magistrates
Text size — level 1 of 4
No Judge or Magistrate shall, except upon the special order of
some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in
Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge
or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was
so acting.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.
In the new law
IEA 121BSA 127
127. Judges and Magistrates.
Compare the two texts →Your private note on this section
Only you can see this note.